Disposed

Gitendra Kumar Sahu v. State of Chhattisgarh

Chhattisgarh HC2 Sept 2024WPS/4686/2024

Case brief

AI extract

What is this about?

High Court disposed of multiple writ petitions filed by guest lecturers challenging their potential replacement by new appointees. The Court held that petitioners could be replaced if new candidates possess higher qualifications mandated by UGC 2018 Regulations, establishing that replacements are permissible when based on merit and statutory qualification standards.

What did the court decide?

State granted liberty to appoint qualified guest lecturers per UGC 2018 Regulations and State Policy 2024; petitioners not to be replaced by similarly qualified candidates.

Gitendra Kumar Sahu Vs State of… — Pension and Retirement Benefits | Chhattisgarh HC (2024)

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2024:CGHC:34150

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶5

WPS No. 4210 of 2024

¶6

1 - Pradeep Jaiswal S/o Rajendra Prasad Jaiswal Aged About 34 Years Working As Guest Lecturer (M.S.W. At Govt. Mata Karma Girls College, (Machewa), District : Mahasamund, Chhattisgarh

¶7

---- Petitioner

¶8

versus

¶9

1 - State Of Chhattisgarh Through The Secretary, Deparment Of Higher Education Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur District Raipur Chhattisgarh

¶10

2 - Additonal Director Directorate Of Higher Education Department, Atal Nagar Naya Raipur District Raipur Chhattisgarh

¶11

3 - Principal Govt. Mata Karma Girls College, (Machewa) District Mahasamund Chhattisgarh

¶12

---- Respondents

¶13

WPS No. 4276 of 2024

¶14

1 - Akash Tiwari S/o Harishankar Tiwari, Aged About 29 Years Working As Guest Lecturer (English) At Rani Durgavati, Government College Wadrafnagar, District Balrampur- Ramanujganj (C.G.), R/o Beldandi, Shardapur, Sulsuli, District Balrampur- Ramanujganj (C.G.)

¶15

---- Petitioner

¶16

Versus

¶17

1 - State Of Chhattisgarh Through The Secretary, Department Of Higher Education Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur (C.G.)

¶18

2 - Additional Director, Directorate Of Higher Education Department, Atal Nagar, Naya Raipur, District Raipur (C.G.)

¶19

3 - Principal, Rani Durgavati Government College, Wadrafnagar, District BalrampurRamanujganj (C.G.)

¶20

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¶21

---- Respondents

¶22

WPS No. 4384 of 2024

¶23

1 - Yogita Pant D/o Sukalu Pant Aged About 29 Years Working As Guest Lecturer (Political Science) At Govt. Adarsh Awasiya Girls College, Sukma, District Sumka (C.G.)

¶24

---- Petitioner

¶25

Versus

¶26

1 - State Of Chhattisgarh Through The Secretary, Department Of Higher Education Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur (C.G.) 2 - Additional Director Directorate Of Higher Education Department, Atal Nagar, Naya Raipur, District Raipur (C.G.)

¶27

3 - Principal Govt. Adarsh Awasiya Girls College, Sukma, District Sukma (C.G.)

¶28

---- Respondents

¶29

WPS No. 4385 of 2024

¶30

1 - Chandra Lata Sahu W/o Hemlal Sahu Aged About 30 Years Working As Guest Lecturer (English) At Govt. Naveen College, Bortara District Bemetara Chhattisgarh.

¶31

---- Petitioner

¶32

Versus

¶33

1 - State Of Chhattisgarh Through The Secretary, Department Of Higher Education Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur District Raipur Chhattisgarh.

¶34

2 - Additional Director Directorate Of Higher Education Department, Atal Nagar Naya Raipur District Raipur Chhattisgarh.

¶35

3 - Principal Govt. Naveen College Bortara District Bemetara Chhattisgarh.

¶36

---- Respondents

¶37

WPS No. 4392 of 2024

¶38

1 - Rashmi Rawat W/o. Hari Shankar Rawat Aged About 38 Years Working As Guest Lecturer (Zoology) At Govt. Shahid Bapurao P.G. College, Suikma, District - Sukma (C.G.)

¶39

---- Petitioner

¶40

Versus

¶41

1 - State Of Chhattisgarh Through The Secretary, Department Of Higher Education Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur, District - Raipur (C.G.)

¶42

2 - Additional Director Directorate Of Higher Education Department, Atal Nagar

¶43

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¶44

Naya Raipur, District - Raipur (C.G.)

¶45

3 - Principal Govt. Shahid Bapurao P.G. College, Suikma, District - Sukma (C.G.)

¶46

---- Respondents

¶47

WPS No. 4401 of 2024

¶48

1 - Sajida Jamal W/o Hasan Ali Aged About 30 Years Working As Guest Lecturer (Sociology) At Govt. Sant Gahira Guru Rameshwar College, Lailunga District Raigarh Chhattisgarh

¶49

---- Petitioner

¶50

Versus

¶51

1 - State Of Chhattisgarh Through The Secretary, Department Of Higher Education Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh

¶52

2 - Additional Director, Directorate Of Higher Education Department, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh

¶53

3 - Principal, Govt. Sant Gahira Guru Rameshwar College, Lailunga, District Raigarh Chhattisgarh

¶54

---- Respondents

¶55

WPS No. 4411 of 2024

¶56

1 - Shrishti Sharma D/o. Om Prakash Sharma Aged About 25 Years Working As Guest Lecturer (Sociology) At Swami Atmanand Govt. English Medium Adarsh College, Bilaspur (C.G.)

¶57

---- Petitioner

¶58

Versus

¶59

1 - State Of Chhattisgarh Through The Secretary, Department Of Higher Education Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur, District - Raipur (C.G.) 2 - Additional Director Directorate Of Higher Education Department, Atal Nagar Naya Raipur, District - Raipur (C.G.)

¶60

3 - Principal Swami Atmanand Govt. English Medium Adarsh College, Bilaspur (C.G.)

¶61

---- Respondents

¶62

WPS No. 4442 of 2024

¶63

1 - Tanu Jaal D/o Puran Jaal Aged About 28 Years Working As Guest Faculty (Home Science) At Government Minimata Girls College, Balodabazar, District - Balodabazar-Bhatapara (C.G.)

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---- Petitioner

Versus

1 - State Of Chhattisgarh Through The Secretary, Department Of Higher Education, Mahanadi Bhawan, Mantralaya, Nava Raipur Atal Nagar Raipur, District Raipur (C.G.)

¶68

2 - Commissioner Higher Education Department, Block C-3, 2nd And 3rd Floor, Indravati Bhawan, Nava Raipur Atal Nagar, Raipur, District Raipur (C.G.)

¶69

3 - The Principal Government Minimata Girls College, Balodabazar, District - Balodabazar-Bhatapara (C.G.)

¶70

---- Respondents

¶71

WPS No. 4575 of 2024

¶72

1 - Lav Kumar Verma S/o Shri Shiv Prasad Verma, Aged About 30 Years Guest Faculty (Zoology) At Government M.M.R.P.G. College, Champa, District JanjgirChampa (C.G.)

¶73

---- Petitioner

¶74

Versus

¶75

1 - State Of Chhattisgarh Through The Secretary, Department Of Higher Education, Mahanadi Bhawan, Mantralaya, Nava Raipur Atal Nagar, Raipur, District Raipur (C.G.)

¶76

2 - Commissioner, Higher Education Department, Block C-3, 2nd And 3rd Floor, Indravati Bhawan, Nava Raipur Atal Nagar, Raipur, District Raipur (C.G.)

¶77

3 - The Principal, Government M. M. R. P. G. College, Champa, District JanjgirChampa (C.G.)

¶78

---- Respondents

¶79

WPS No. 4582 of 2024

¶80

1 - Sonali Dehri, D/o. Parmenshwar Dehri Aged About 24 Years Earlier Working As Guest Lecturer (Botany) At Govt. Model College (Lohrakot) Mahasamund, District Mahasamund (C.G.)

¶81

2 - Muskan Goyal, D/o. Anil Kumar Goyal Aged About 26 Years Earlier Working As Guest Lecturer (Commerce) At Govt. Model College (Lohrakot) Mahasamund, District Mahasamund (C.G.)

¶82

3 - Tabassum Bano, D/o. Mastan Khan Aged About 31 Years Earlier Working As Guest Lecturer (Chemistry) At Govt. Model College (Lohrakot) Mahasamund, District Mahasamund (C.G.)

---- Petitioners

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Versus

3 - Principal Govt. Model College (Lohrakot) Mahasamund, District Mahasamund (C.G.)

¶88

WPS No. 4587 of 2024

¶89

1 - Durga Dhruw W/o Bhushan Dhruw Aged About 31 Years Earlier Working As Guest Lecturer (Sociology) At Chandrapal Dadsena Govt. College, Pithora, DistrictMahasamund Chhattisgarh.

¶90

2 - Vedshruti Nayak D/o Shashibhushan Nayak Aged About 26 Years Earlier Working As Guest Lecturer (Botany) At Chandrapal Dadsena Govt. College, Pithora, District- Mahasamund Chhattisgarh.

¶91

---- Petitioners Versus

¶92

1 - State Of Chhattisgarh Through The Secretary, Department Of Higher Education Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur, District- Raipur Chhattisgarh.

¶93

2 - Additional Director Directorate Of Higher Education Department, Atal Nagar Naya Raipur District- Raipur Chhattisgarh.

¶94

3 - Principal Chandrapal Dadsena Govt. College Pithora, District- Mahasamund Chhattisgarh.

¶95

---- Respondents

¶96

WPS No. 4595 of 2024

¶97

1 - Ritika Singh D/o Lalbabu Singh Aged About 26 Years Earlier, Working As Guest Lecturer (Computer Science) At Govt. Minimata Girls College, Korba, District Korba, C.G.

¶98

---- Petitioner

¶99

Versus

¶100

1 - State Of Chhattisgarh Through The Secretary, Department Of Higher Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur, C.G.

¶101

2 - Additional Director Directorate Of Higher Education Department, Atal Nagar

¶102

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¶103

Naya Raipur, District Raipur, C.G.

¶104

3 - Principal Govt. Minimata Girls College, Korba, District Korba, C.G.

¶105

---- Respondent

¶106

WPS No. 4598 of 2024

¶107

1 - Narottam Bala, S/o. Naveen Bala, Aged About 23 Years Earlier Working As Guest Lecturer (Botany) At Govt. Swami Atmanand P.G. College, Narayanpur, District - Narayanpur (C.G.)

¶108

Versus

¶109

1 - State Of Chhattisgarh Through The Secretary, Department Of Higher Education Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur, District - Raipur (C.G.) 2 - Additional Director, Directorate Of Higher Education Department, Atal Nagar Naya Raipur, District - Raipur (C.G.)

¶110

3 - Principal, Govt. Swami Atmanand P.G. College, Narayanpur, District - Narayanpur (C.G.)

¶111

WPS No. 4599 of 2024

¶112

1 - Yamini Singh D/o Santosh Kumar Singh Aged About 25 Years Earlier Working As Guest Lecturer (Economics) At Swami Atmanand Govt. English Medium Adarsh College Korba, District Korba, Chhattisgarh.

¶113

Versus

¶114

1 - State Of Chhattisgarh Through The Secretary, Department Of Higher Education Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur, District- Raipur Chhattisgarh.

¶115

2 - Additional Director Directorate Of Higher Education Department, Atal Nagar Naya Raipur, District- Raipur Chhattisgarh.

¶116

3 - Principal Swami Atmanand Govt. English Medium Adarsh College, Korba, District- Korba, Chhattisgarh.

¶117

---- Respondent

¶118

WPS No. 4608 of 2024

¶119

1 - Suraj Kumar Patel S/o Pritram Patel Aged About 24 Years Earlier Working As Guest Lecturer (Mathematics) At Govt. Adarsh College, Korba, District Korba, C.G.

---- Petitioner

7 / 28

Versus

1 - State Of Chhattisgarh Through The Secretary, Department Of Higher Education Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur, Distrcit- Raipur, C.G.

¶124

2 - Additional Director Directorate Of Higher Education Department, Atal Nagar Naya Raipur, District Raipur, C.G.

¶125

3 - Principal Govt. Adarsh College, Korba, District Korba, C.G.

¶126

---- Respondents

¶127

WPS No. 4656 of 2024

¶128

1 - Dhal Singh S/o Gajanand Lodhi Aged About 30 Years Earlier Working As Guest Lecturer (Hindi) At Rani Awanti Bai Lodhi Govt. College, Parpodi, District Bemetara (C.G.)

¶129

---- Petitioner

¶130

Versus

¶131

1 - State Of Chhattisgarh Through The Secretary, Department Of Higher Education Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur District Raipur (C.G.)

¶132

2 - Additional Director Directorate Of Higher Education Department, Atal Nagar, Naya Raipur, District Raipur (C.G.)

¶133

3 - Principal Rani Awanti Bai Lodhi Govt. College, Parpodi, District Bemetara (C.G.)

¶134

---- Respondent

¶135

WPS No. 4660 of 2024

¶136

1 - Keshaw Prasad Dewangan S/o. Bhoj Ram Dewangan Aged About 33 Years Earlier Working As Guest Lecturer (Chemistry) At Naveen Govt. College, Nandghat, District Bemetara, Chhattisgarh

¶137

---- Petitioner

¶138

Versus

¶139

1 - State Of Chhattisgarh Through The Secretary, Department Of Higher Education Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh

¶140

2 - Additional Director, Directorate Of Higher Education Department Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh.

¶141

3 - Principal Naveen Govt. College, Nandghat, District Bemetara, Chhattisgarh

¶142

---- Respondents

¶143

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¶144

WPS No. 4661 of 2024

¶145

1 - Lomash Kumar S/o Harish Chandra Aged About 29 Years Earlier Working As Guest Lecturer (Botany) At Naveen Govt. College Nagpura, District- Durg, Chhattisgarh.

¶146

Versus

¶147

1 - State Of Chhattisgarh Through The Secretary, Department Of Higher Education Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur, District Raipur Chhattisgarh.

¶148

2 - Additional Director Directorate Of Higher Education Department, Atal Nagar Naya Raipur, District- Raipur Chhattisgarh.

¶149

3 - Principal Naveen Govt. College Nagpura, District- Durg, Chhattisgarh.

¶150

---- Respondents

¶151

WPS No. 4668 of 2024

¶152

1 - Nalini Singh D/o Chandrahas Singh Aged About 25 Years Ealier Working As Guest Lecturer (Zoology) At Govt. Jajwalyadev Naveen Girls College, Janjgir, District Janjgir-Champa (C.G.)

¶153

Versus

¶154

1 - State Of Chhattisgarh Through The Secretary, Department Of Higher Education Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur, District Raipur (C.G.)

¶155

2 - Additional Director Directorate Of Higher Education Department, Atal Nagar Naya Raipur, District Raipur (C.G.)

¶156

3 - Principal Govt. Jajwalyadev Naveen Girls College, Janjgir, District JanjgirChampa (C.G.)

¶157

---- Respondents

¶158

WPS No. 4686 of 2024

¶159

1 - Gitendra Kumar Sahu S/o Derhu Ram Sahu Aged About 31 Years Working As Guest Faculty ( Physics ) At Maharshi Ved Vyas Government Post Graduate College, Bhakhara, District- Dhamtari ( C.G.).

¶160

---- Petitioner

¶161

Versus

¶162

1 - State Of Chhattisgarh Through- The Secretary, Department Of Higher Education, Mahanadi Bhawan, Mantralaya, Nava Raipur Atal Nagar Raipur, District- Raipur ( C.G.).

¶163

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¶164

2 - Commissioner Higher Education Department Block C-3, 2nd And 3rd Floor,, Indrawati Bhawan, Nava Raipur Atal Nagar, Raipur, District- Raipur ( C.G.). 3 - The Principal Maharshi Ved Vyas Government Post Graduate College, Bhakhara, District- Dhamtari ( C.G.).

¶165

---- Respondents

¶166

WPS No. 4807 of 2024

¶167

1 - Yuvraj Kumar S/o Nand Kumar Aged About 32 Years Working As Guest Faculty (Chemistry) At Pt. Ravishankar Tripathi Government College, Bhaiyathan, DistrictSurajpur Chhattisgarh.

¶168

2 - Sant Kumar Sahu S/o Bhaiyalal Sahu Aged About 34 Years Working As Guest Faculty (Hindi) At Pt. Ravishankar Tripathi Government College, Bhaiyathan, District- Surajpur Chhattisgarh.

¶169

---- Petitioners

¶170

Versus

¶171

1 - State Of Chhattisgarh Through The Secretary, Department Of Higher Education, Mahanadi Bhawan, Mantralaya, Nava Raipur, Atal Nagar Raipur, District Raipur Chhattisgarh.

¶172

2 - Commissioner Higher Education Department,block C-3, 2nd And 3rd Floor, Indravati Bhawan, Nava Raipur Atal Nagar, Raipur, District- Raipur Chhattisgarh. 3 - The Principal Pt. Ravishankar Tripathi Government College, Bhaiyathan, District- Surajpur Chhattisgarh.

¶173

---- Respondents

¶174

WPS No. 5008 of 2024

¶175

1 - Chanchala Rajput W/o Ravikant Adil Aged About 30 Years Working As Guest Lecturer (Botany) At Pt. Devi Prasad Choube Government College Saja, District Bemetara (C.G.)

¶176

2 - Manoj Kumar Prajapati S/o Chandrabhan Prajapati Aged About 30 Years Working As Guest Lecturer (Zoology) At Pt. Devi Prasad Choube Government College Saja, District Bemetara (C.G.)

¶177

---- Petitioners

¶178

Versus

¶179

1 - State Of Chhattisgarh Through The Secretary, Department Of Higher Education Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur, District Raipur (C.G.)

¶180

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¶181

2 - Additional Director Directorate Of Higher Education Department, Atal Nagar Naya Raipur, District Raipur (C.G.)

¶182

3 - Principal Pt. Devi Prasad Choube Government College Saja, District Bemetara (C.G.)

¶183

---- Respondents

¶184

WPS No. 5028 of 2024

¶185

1 - Surendra Kumar Sahu S/o Puran Das Sahu, Aged About 30 Years Working As Guest Lecturer ( Economic ) At Government Aklavya College, Daundi Lohara, District- Balod ( C.G.).

¶186

2- Ilesh Kumar Chandrakar , S/o Yuwraj Kumar, aged about 30 years, working as Guest Lecturer ( Mathematics ) at Government Aklavya College, Daundi Lohara, District- Balod, ( C.G).

¶187

---- Petitioners

¶188

Versus

¶189

1 - State Of Chhattisgarh Through- The Secretary, Department Of Higher Education Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur, District- Raipur ( C.G.). 2 - Additional Director, Directorate Of Higher Education Department, Atal Nagar Naya Raipur, District- Raipur ( C.G.).

¶190

3 - Principal Government Aklavya College, Daundi Lohara, District- Balod ( C.G.).

¶191

---- Respondents

¶192

WPS No. 5041 of 2024

¶193

1 - Sabina D/o Jakir Husain, Aged About 31 Years Working As Guest Lecturer (Economic) At Chandulal Chandrakar Government Arts And Commerce College Dhamdha, District - Durg, Chhattisgarh.

¶194

2 - Gayatri Vaishnav D/o Bhupendra Das Vaishnav, Aged About 30 Years Working As Guest Lecturer (Maths) At Chandulal Chandrakar Government Arts And Commerce College Dhamdha, District - Durg, Chhattisgarh.

¶195

---- Petitioner

¶196

Versus

¶197

1 - State Of Chhattisgarh Through The Secretary, Department Of Higher Education Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur, District Raipur, Chhattisgarh.

¶198

2 - Additional Director, Directorate Of Higher Education Department, Atal Nagar,

¶199

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¶200

Naya Raipur, District Raipur, Chhattisgarh.

¶201

3 - Principal, Chandulal Chandrakar Government Arts And Commerce College Dhamdha, District Durg, Chhattisgarh.

¶202

WPS No. 5077 of 2024

¶203

1 - Ritu Kurrey W/o Kundan Kurre Aged About 46 Years Working As Guest Lecturer (English) At Government Nagrik Kalyan College, Nandani Nagar (Ahiwara), District Durg (C.G.)

¶204

Versus

¶205

¶206

3 - Principal Government Nagrik Kalyan College, Nandani Nagar (Ahiwara), District Durg (C.G.)

¶207

WPS No. 5249 of 2024

¶208

1 - Aditi Saini D/o Late Ajay Saini, Aged About 26 Years Earlier Working As Guest Lecturer (English) At Swami Atmanand Govt. English Medium Model College, Old High Court Building, Bilaspur, District Bilaspur (C.G.)

¶209

---- Petitioner

¶210

Versus

¶211

1 - State Of Chhattisgarh Through The Secretary, Department Of Higher Education Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur, District- Raipur (C.G.) 2 - Additional Director, Directorate Of Higher Education Department, Atal Nagar Naya Raipur, District- Raipur (C.G.)

¶212

3 - Principal, Swami Atmanand Govt. English Medium Model College, Old High Court Building, Bilaspur, District Bilaspur (C.G.)

¶213

---- Respondents

¶214

WPS No. 5337 of 2024

¶215

1 - Ritu Yadav D/o Jaiprakash Aged About 24 Years Earlier Working As Guest Lecturer (Hindi) At Govt. Digvijay Autonomous P.G. College, Rajnandgaon, District Rajnandgaon (C.G.)

12 / 28

---- Petitioner

Versus

1 - State Of Chhattisgarh Through The Secretary, Department Of Higher Education Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur, District Raipur (C.G.) 2 - Additional Director Directorate Of Higher Education Department, Atal Nagar Naya Raipur, District Raipur (C.G.)

¶220

3 - Principal Govt. Digvijay Autonomous P.G. College, Rajnandgaon, District Rajnandgaon (C.G.)

¶221

---- Respondents

¶222

For Petitioners	: Mr. Govind Prasad Dewangan, Mr. Sanjay Pathak, Mr. Vikas Dubey, Mr. Chandra Prakash Lahrey,
For Respondent	: Ms. Shailja Shukla, Dy. G. A., Mr. Sabyasachi
	Choubey, P. L., Mr. S. S. Baghel, Dy. G. A., Ms. Nupur
	Trivedi and Ms. Akanksha Verma Dabhadker, P. L.

¶223

({ Hon'ble Shri Justice Sachin Singh Rajput })

¶224

Order on Board

¶225

03/09/2024

¶226

Since the issue involved in all these cases are identical, this Court proceeds to decide these petitions by passing a common order.

¶227

For the sake of convenience, the facts are taken from WPS No. 4210/2024 as a lead case. The reliefs claimed in that lead case are as under:

¶228

10.1 that, this Hon’ble Court may kindly be pleased to call for the entire records in relates to the case of the petitioner from the possession of respondents for its kind perusal.

¶229

10.2 that, this Hon’ble Court may kindly be pleased to set aside the impugned advertisement dated 13.07.2024 issued by the respondent No.3 in the subject relates to the petitioner and further be pleased to direct the respondents State to allow the petitioner to perform the duties as Guest Lecturers/ Assistant Professor/ Professor at Govt. Mata Karma Girls College, (Machewa),

¶230

13 / 28

¶231

District Mahasamund (CG) till the selection of regular Assistant Professor / Professor.

¶232

10.3 that, this Hon’ble Court may kindly be pleased to grant any other relief/ reliefs in favour of the petitioners, which the Hon’ble Court deemed fit and just in the facts and circumstances of the case, including awarding of the costs to the petitioner.

¶233

Facts of the case which emerge from the pleadings is that the petitioners herein are working as Guest Lecturer in various colleges of the respondent/State. An advertisement was issued by the Principal of the respective colleges inviting applications for appointment on the post of Guest Lecturer on different dates. These advertisements are under challenge in these petitions. For the sake of convenience the advertisement dated 13.07.2024 Annexure P-1 in WPS No.4210/2024 is reproduced herein-below:-

¶234

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¶235

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¶236

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Vhi& fjDr inksa dh la[;k esa ifjorZu laHko gSA

¶240

Learned counsel for the petitioners submits that the petitioners who are working as Guest Lecturer in various colleges of respondent/ State are being replaced by another set of Guest Lecturers by the respondents which is not permissible in the eye of law. They submit that various orders have been issued by this Court including in the case of Manju Gupta and another Vs. State of C.G. and another passed in WPS No.4406/2016 order dated 27.2.2017 . They submit that once it is settled that an adhoc employee cannot be replaced with another set of adhoc employee, publishing the said advertisement is in teeth of order of this Court. Therefore, they submit that the impugned advertisement deserves to be and may be set aside.

¶241

Opposing the submissions of learned counsel appearing for the petitioners, learned counsel appearing for the State submits that there is no dispute as regards the fact that an ad hoc employee cannot be replaced with another set of ad hoc employee. She submits that looking to the exigency, State Government has formulated a policy which is made effective from 20.06.2024 which is called as Guest Lecturer Policy 2024. She further submits that in the said policy detailed procedure has been prescribed as to the manner in which the appointment of Guest Lecturer in various colleges has to take place. Apart

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¶243

from this, the policy also envisages the minimum qualification prescribed for appointment of the Guest Lecturers. She submits that various orders have been passed by this Court setting aside the earlier advertisements replacing the Guest Lecturers by another set of Guest Lecturers but for the present academic session, the State Government is extensively following the procedure prescribing the qualifications for appointment on the post of Guest Lecturer. She submits that the State would not deviate from such policy and all the appointments would be made in accordance therewith. She submits that in the cases in hand, there is no interim order or otherwise passed in favour of the petitioners by this Hon’ble Court. She submits that the policy also provides minimum qualification which is required for appointment on the post of Guest Lecturer which is mentioned in Clause 5. She further submits that the preference and the manner of distribution of marks are also reflected from Clause 6 of the said policy. Clause 5 and 6 is quoted herein below:-

¶244

5- आवश्यक शै्ቌणि�क एवं अन्य अ्ቩ�ता%&

¶245

5-1 अतितणि� व्याख्याता] अतितणि� ्ቇं�पाल एवं अतितणि� ्ቅ ीड़ा अति�कारी को काय� करने के लिलए न्यूनतम शै्ቌणि�क अ्ቩ�ता विव्ቫविव्ቕालय अनुदान आयोग (विव्ቫविव्ቕालय और म्ቩाविव्ቕालयों में णिश्ቌकों और अन्य शैति्ቌक कम�चारी की विनयुवि2 ्ቩेतु न्यूनतम अ्ቩ�ताएं त�ा उ्ሴतर णिश्ቌा में मानकों के रख-रखाव ्ቩेतु अन्य उपाय) विवविनयम] 2018 के ्ቚाव�ानों के अनुरूप ्ቩोगी। इस व्यवस्�ा के अंतग�त अतितणि� णिश्ቌ� स्ቩायक/ ्ቇं�ालय स्ቩायक/ ्ቅीडा स्ቩायक के लिलये स्नातको्ቈर स्तर पर न्यूनतम 55 ्ቚतितशत अंक ्ቩोने चावि्ቩए परन्तु अनुसूतिचत जातित] अनुसूतिचत जनजातित एवं विदव्यांगजन अभ्यቕኌ�यों के लिलये स्नातको्ቈर स्तर पर न्यूनतम 50 तितशत अंक ्ቩोने चावि्ቩए।

¶246

5-2 स्वामी आत्मानंद अं्ቇेजी माध्यम आदश� म्ቩाविव्ቕालयों में काय� करने के लिलए विEन्दु & 5-1 के समान न्यूनतम शै्ቌणि�क अ्ቩ�ता के सा�&सा� आवेदकों को अं्ቇेजी माध्यम से अध्यापन का अनुभव त�ा अध्यापन के दौरान छा्ቔ/छा्ቔाओं से

¶247

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¶248

अं्ቇेजी माध्यम में संवाद कर पा्቏ &विवषय से संEंति�त जिज्ሺासाओं का भी विनराकर� करने में स्ቌम ्ቩोना अविनवाय� ्ቩोगा। इस ्ቩेतु आवेदक अभ्यቕኌ�यों की व्यवस्�ा राज्य स्तरीय गविPत सविमतित के ्ቛारा स्ቌमता एवं द्ቌता के आ�ार पर विन�ा�रिरत की जायेगी।

¶249

5-3 आयु सीमा%& अतितणि� व्याख्याता/अतितणि� णिश्ቌ� स्ቩायक अति�कतम 65 वष� तक। अतितणि� ्ቇं�पाल/अतितणि� ्ቅीड़ा अति�कारी एवं अतितणि� ्ቇं�ालय स्ቩायक / ्ቅ ीड़ा स्ቩायक अति�कतम 62 वष� तक।

¶250

5-4 छ्ቈीसगढ के मूल विनवासी अभ्यቕኌ�यों को ्ቚा�विमकता दी जायेगी।

¶251

esfjV gsrq vadks dk fu/kkZj.k %& vfrfFk O;k[;krk ,oa vU; dh O;oLFkk gsrq ojh;rk lwph rS;kj djus ds fy, vf/kdre vsdks dk fu/kkZj.k fuEukuqlkj fd;k tk;sxk&

¶252

v½ bafnjk dyk ,oa laxhr fo’ofo|ky;][kSjkx< & dqy vad & 240

¶253

¼6-1 ls 6-4 vuqlkj 140vad$100 vad izn’kZu ,oa lk{kkRdkj gsrq½

¶254

c½ ‘ks”k jktdh; fo’ofo|ky; gsrq& dqy vad &160

¶255

¼ 6-1 ls 6-4 vuqlkj 140vad $ 20 vad izn’kZu ,oa lk{kkRdkj gsrq½ l½ egkfo|ky;ksa gsrq & dqy vad &140

¶256

¼ 6-1 ls 6-4 vuqlkj 140vad ½

¶257

6-1 ih&,p-Mh@usV@lsV@,e-fQy ds fy;s vf/kdre 50 vad

¶258

¼d½ ih&,p-Mh ds fy, & 30 vad

¶259

¼[k½ usV@lsV ds fy, & 20vad ¼x½ ,e-fQy ds fy, & 15 vad

¶260

6-2 LukrdksRrj Lrj ij vf/kdre 50 vad &

¶261

¼55 ds fy, 5 vad] 56 ls 100 izR;sd 01 izfr’kr ds fy, 01 vad fn;k tk;sxk½

¶262

6-3 ‘kks/k i=ksa ds izdk’ku gsrq vf/kdre 10 vad&

¶263

¼ ih&,p-Mh@,e-fQy esa izdkf’kr ‘kks/k i=ksa dks NksMdj ;wthlh ds;j tuZYl esa

¶264

izdkf’kr izR;sd ‘kks/k i= ij 02 vad½

¶265

6-4 vuqHko ds fy, vf/kdre 30 vad &

¶266

‘kkldh; egkfo|ky; esa ,d ‘kS{kf.kd l= esa U;wure 5 ekg vË;kiu dk;Z iw.kZ djus ij & 05 vad

¶267

6-5 vfrfFk O;k[;krk@xzaFkiky@dzhMk vf/kdkjh dh ojh;rk lwph esa izkFkfedrk dze

¶268

fuEukuqlkj gksxk%&

¶269

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¶270

Js.kh& 1 lacaf/kr fo”k; esa ih&,p-Mh-

¶271

Js.kh& 2 UksV@lsV ijh{kk mRrh.kZ

¶272

Js.kh& 3 lacaf/kr fo”k; esa ,e-fQy-/kkjd

¶273

6-6 vfrfFk f’k{k.k lgk;d@xzaFkky; lgk;d dzhMk lgk;d%& vfrfFk f’k{k.k lgk;d@xzaFkky; lgk;d dzhMk lgk;d ds fy, fo’ofo|ky; vuqnku vk;ksx Onkjk fu/kkZfjr ‘kS{kf.kd vgZrk vuqlkj LukrdksRrj Lrj ij U;wure 55 izfr’kr vad gksus pkfg, ijUrq vuqlwfpr tkfr] vuqlwfpr tutkfr ,oa fnO;kaxtu vH;fFkZ;ksa ds vadks dk U;wure 50 izfr’kr gksuk pkfg,A

¶274

6-7 fo’ks”k Vhi%&

¶275

1 fo’ofo|ky;@egkfo|ky;ksa esa loZizFke vfrfFk O;k[;krk]vfrfFk xzaFkiky ,oa vfrfFk dzhMk vf/kdkjh dh O;oLFkk dh tkosxhA Js.kh&1 ds vH;FkhZ ds uke ij loZizFke fopkj fd;k tk,xkA bl Js.kh dk dksbZ vH;FkhZ miyC/k u gks rks dze’k% Js.kh&2 ,oa Js.kh &3 ds vH;FkhZ ds ukeksa ij fopkj fd;k tk,xkA mDr rhuksa Js.kh esa vH;FkhZ miyC/k u gksus ij gh vfrfFk f’k{k.k lg;d ] vfrfFk xzaFkky; lgk;d ,oa vfrfFk dzhMk lgk;d dh O;oLFkk gsrq ‘ks”k vH;FkhZ ds ukeksa ij fopkj fd;k tk;sxkA

¶276

2 vf/klwfpr {ks=ksa esa fLFkr egkfo|ky;ksa esa mi;qZDr of.kZr Jsf.k;ska esa fu/kkZfjr ;ksX;rk okys vkosnd miyC/k ughs gksus ij gh vfrfFk f’k{k.k lgk;d @ xzaFkky; lgk;d @dzhMk lgk;d ds varxZr U;wure vgZrk¼LukrdksRrj esa fu/kkZfjr izfr’kr½ ls U;wu vgZrk izkIr vkosndksa ds vkosnu ij xq.kkuqdze ds vk/kkj ij fopkj dj pkyw ‘kS{kf.kd l= ds fy, v/;kiu dk;Z gsrq vkeaf=r fd;k tk ldsxkA fdUrq ;g O;oLFkk ;ksX; vH;FkhZ feyus ij vFkok dsoy pkyw ‘kS{kf.kd l= ds fy, izHkko’khy gksxhA

¶277

6-8 vfrfFk O;k[;krk ,oa vU; Onkjk ;fn pkyw f’k{kk l= esa mPp ‘kS{kf.kd vgZrk vftZr dh tkrh gS rks lfefr Onkjk lacaf/kr ekdZ’khV@mikf/k dk lR;kiu djus ds fnukad ls ojh;rk dze esa la’kks/ku ,oa c<s gq, ekuns; ds ykHk dh ik=rk gksxhA bl gsrq laLFkk izeq[k ds le{k izek.k lfgr vkosnu izLrqr djuk vfuok;Z gksxkA

¶278

6-9 l= ds e/; esa fu;qfDr vFkok Lfkkukarj.k ls inLFkkiuk gksus ds dkj.k foLFkkfir vfrfFk O;k[;krk]vfrfFk xzaFkiky ,oa vfrfFk dzhMk

¶279

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¶280

vf/kdkjh dks laLFkk izeq[k Onkjk foLFkkiu izek.k& i= ds lkFk ml l= dk vuqHko izek.k i= Hkh miyC/k djk;k tk;sxkA

¶281

She submits that submission of the petitioners that they cannot be replaced with another set of Guest Lecturers is totally misconceived and on the wrong footing. She submits that if the petitioners are holding the minimum qualification which is prescribed in the policy, they will not be replaced, but if the candidates having better qualification than the petitioners are there, they cannot be said to be on the same footing and said to be replaced by similar set of Guest Lecturers. She further submits that if the candidates, having the qualification as prescribed in Clause 5 of the policy are not available, the candidates having less qualification will not be replaced by another set of Guest Lecturer having the same qualification. She submits that this issue with regard to validity of the policy has already come up before this Court in case of Shrishti Lakra Vs. State of Chhattisgarh and others passed in WPS No.5232/2023 dated 26.06.2024 and this Court has upheld the policy framed by the State Government and therefore in all fairness the State while appointing the Guest Lecturer would adhere to the said policy. She placed reliance on the Judgment of the Hon’ble Orissa High Court passed in case of Siba Prasanna Pathy Vs. State of Odisha and ors . reported in 2022 SCC OnLine Ori 1497.

¶282

On 08.08.2024, looking to the controversy involved, Mr. Nande who appears for University Grants Commission (for short UGC) was requested to assist the Court.

¶283

Mr. Nande submits that the UGC under the provisions of University Grants Commission Act, 1956 (For short UGC Act, 1956) is empowered to frame regulation with regard to maintaining the minimum standard in all the universities and colleges of the State Government. In exercise of the powers

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¶285

conferred under clause (e) and (g) of sub-section (I) of Section 26 read with Section 14 of the UGC Act, 1956, UGC has framed regulation called as UGC regulations on minimum qualification for appointment of teachers and other academic staff in University and colleges and measures for Maintenance of Standard in Higher Education 2018 (for short “Regulation of 2018”) notified on 18.07.2018. Clause 3 provides for minimum qualification for appointment on the post of assistant Professor and associate professor in the colleges and university which is quoted herein below:-

¶286

3.0 Recruitment and Qualifications

¶287

3.1 The direct recruitment to the posts of Assistant Professor,

¶288

Associate Professor and Professor in the Universities and Colleges, and Senior Professor in the Universities, shall be on the basis of merit through an all-India advertisement, followed by selection by a duly-constituted Selection Committee as per the provisions made under these Regulations. These provisions shall be incorporated in the Statutes/Ordinances of the university concerned. The composition of such a committee shall be as specified in these Regulations.

¶289

3.2 The minimum qualifications required for the post of Assistant Professor. Associate Professor, Professor, Senior Professor, Principal, Assistant Librarian, Deputy Librarian, Librarian, Assistant Director of Physical Education and Sports, Deputy Director of Physical Education and Sports and Director of Physical Education and Sports, shall be as specified by the UGC in these Regulations.

¶290

3.3 The National Eligibility Test (NET) or an accredited test (State Level Eligibility Test SLET/SET) shall remain the

¶291

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¶292

minimum eligibility for appointment of Assistant Professor and equivalent positions wherever provided in these Regulations. Further, SLET/SET shall be valid as the minimum eligibility for direct recruitment to Universities/Colleges/Institutions in the respective state only:

¶293

Provided that candidates who have been awarded a Ph.D. Degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of M.Phil./Ph.D. Degree) Regulation, 2009, or the University Grants Commission (Minimum Standards and Procedure for Award of M.Phil/Ph.D. Degree) Regulation.2016, and their subsequent amendments from time to time, as the case may be, shall be exempted from the requirement of the minimum eligibility condition of NET/SLET/SET for recruitment and appointment of Assistant Professor or any equivalent position in any University, College or Institution.

¶294

Provided further that the award of degree to candidates registered for the M.Phil/Ph.D. programme prior to July 11. 2009, shall be governed by the provisions, of the then existing Ordinances / Byelaws/Regulations of the Institutions awarding the degree. All such Ph.D. candidates shall be exempted from the requirement of NET/SLET/SET for recruitment and appointment of Assistant Professor or equivalent positions in

¶295

Universities/Colleges/Institutions subject to the fulfillment of the following conditions:

¶296

a) The Ph.D. degree of the candidate has been awarded in regular mode only:

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¶298

b) The Ph.D. thesis has been awarded by at least two external examiners;

¶299

c) An open Ph.D. viva voce of the candidate has been conducted; d) The candidate has published two research papers from his/her Ph.D. work out of which at least one is in a refereed journal;

¶300

e) The candidate has presented at least two papers, based on his/her Ph.D. work in conferences/seminars sponsored/funded/supported by the UGC/ICSSR/CSIR or any similar agency.

¶301

The fulfilment of these conditions is to be certified by the Registrar or the Dean (Academic Affairs) of the University concerned.

¶302

II. The clearing of NET/SLET/SET shall not be required for candidates in such disciplines for which NET/SLET/SET has not

¶303

been conducted

¶304

3.4 A minimum of 55% marks (or an equivalent grade in a pointscale, wherever the grading system is followed) at the Master's level shall be the essential qualification for direct recruitment of teachers and other equivalent cadres at any level.

¶305

1. A relaxation of 5% shall be allowed at the Bachelor's as well as at the Master's level for the candidates belonging to Scheduled Caste/Scheduled Tribe/Other Backward Classes (OBC) (Noncreamy Layer)/Differently- abled ((a) Blindness and low vision; (b) Deaf and Hard of Hearing. (c) Locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid-attack victims and muscular dystrophy; (d) Autism, intellectual disability, specific learning disability and mental illness; (e) Multiple disabilities from amongst persons under (a) to (d) including deal-blindness)

¶306

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¶307

for the purpose of eligibility and assessing good academic record for direct recruitment. The eligibility marks of 55% marks (or an equivalent grade in a point scale wherever the grading system is followed) and the relaxation of 5% to the categories mentioned above are permissible, based only on the qualifying marks without including any grace mark procedure.

¶308

3.5. A relaxation of 5% shall be provided, (from 55% to 50% of the marks) to the Ph.D. Degree holders who have obtained their Master's Degree prior to 19 September, 1991.

¶309

3.6 A relevant grade which is regarded as equivalent of 55%, wherever the grading system is followed by a recognized university, at the Master's level shall also be considered valid.

¶310

3.7 The Ph.D. Degree shall be a mandatory qualification for appointment and promotion to the post of Professor.

¶311

3.8 The Ph.D. Degree shall be a mandatory qualification for appointment and promotion to the post of Associate Professor.

¶312

3.9 The Ph.D. Degree shall be a mandatory qualification for promotion to the post of Assistant Professor (Selection Grade/Academic Level 12) in Universities

¶313

3.10 The Ph.D. Degree shall be a mandatory qualification for direct recruitment to the post of Assistant Professor in Universities with effect from 01.07.2021.

¶314

3.11 The time taken by candidates to acquire M.Phil. and/or Ph.D. Degree shall not be considered as teaching/ research experience to be claimed for appointment to the teaching positions. Further the

¶315

period of active service spent on pursuing Research Degree simultaneously with teaching assignment without taking any kind

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¶317

of leave. shall be counted as teaching experience for the purpose of direct recruitment/ promotion. Regular faculty members upto twenty per cent of the total faculty strength (excluding faculty on medical/maternity leave) shall be allowed by their respective institutions to take study leave for pursuing Ph.D. degree.

¶318

3.12 Qualifications: No person shall be appointed to the post of University and College teacher, Librarian or Director of Physical Education and Sports, in any university or in any of institutions including constituent or affiliated colleges recognised under clause (1) of Section 2 of the University Grants commission Act, 1956 or in an institution deemed to be a University under Section 3 of the said Act if such person does not fulfill the requirements as to the qualifications for the appropriate post as provided in the Schedule of these Regulations.

¶319

He further submits that the minimum qualification for appointment on the post of Guest Lecturer prescribed under Rule 4 of Regulation of 2018 cannot be deviated, and in this regard UGC has also issued a communication to all the States and universities of the country. The recital of the same quoted herein below:-

¶320

4.0 Direct Recruitment

¶321

4.1 For the Disciplines of Arts, Commerce, Humanities, Education, Law, Social Sciences, Sciences, Languages, Library Science, Physical Education, and Journalism & Mass Communication .

¶322

I. Assistant Professor:

¶323

Eligibility (A or B):

¶324

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¶325

A. I) A Master's degree with 55% marks (or an equivalent grade in

¶326

a point-scale wherever the grading system is followed) in a concerned/relevant/allied subject from an Indian University, or an equivalent degree from an accredited foreign university.

¶327

ii) Besides fulfilling the above qualifications, the candidate must

¶328

have cleared the National Eligibility Test (NET) conducted by the UGC or the CSIR, or a similar test accredited by the UGC, like SLET/SET or who are or have been awarded a Ph. D. Degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of M.Phil/Ph.D. Degree) Regulations, 2009 or 2016 and their amendments from time to time as the case may be exempted from NET/DELETE/SET:

¶329

Provided, the candidates registered for the Ph.D. programme prior to July 11, 2009, shall be governed by the provisions of the then existing Ordinances/Bye-laws/Regulations of the Institution awarding the degree and such Ph.D. candidates shall be exempted from the requirement of NET/SLET/SET for recruitment and appointment of Assistant Professor or equivalent positions in Universities/Colleges/Institutions subject to the fulfillment of the following conditions:

¶330

a) The Ph.D. degree of the candidate has been awarded in a regular mode,

¶331

b) The Ph.D. thesis has been evaluated by at least two external examiners;

¶332

c) An open Ph.D. viva voce of the candidate has been conducted;

¶333

d) The Candidate has published two research papers from his/her

¶334

Ph.D. work, out of which at least one is in a refereed journal;

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¶336

e) The candidate has presented at least two papers based on his/her Ph.D work in conferences/seminars sponsored/funded/supported by the UGC/ICSSR/CSIR or any similar agency.

¶337

The fulfilment of these conditions is to be certified by the Registrar or the Dean (Academic Affairs) of the University concerned.

¶338

Note: NET/SLET/SET shall also not be required for such Masters Programmes in disciplines for which NET/SLET/SET is not conducted by the UGC, CSIR or similar test accredited by the UGC, like SLET/SET.

¶339

¶340

B. The PhD degree has been obtained from a foreign university/institution with a ranking among top 500 in the World University Ranking (at any time) by any one of the following: (1) Quacquarelli Symonds (QS) (ii) the Times Higher Education (THE) or (iii) the Academic Ranking of World Universities (ARWU) of the Shanghai Jiao Tong University (Shanghai).

¶341

Note-The Academic score as specified in Appendix 11 (Table 3A) for Universities, and Appendix II (Table 3B) for Colleges, shall be considered for short-listing of the candidates for interview only, and the selections shall be based only on the performance in the interview.

¶342

10.In sum and substance, the submission of Mr. Nande is that the State should adhere to the regulation of 2018 for appointment on the post of Guest Lecturer or Assistant Lecturer as the case may be, and therefore, if the petitioners who are not having the minimum qualification as prescribed in UGC Regulation 2018, would not be entitled to be appointed on the post of Guest Lecturer.

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¶344

11.He placed reliance upon the judgment of Hon’ble Supreme Court in the cases of Gambhirdan K. Gadhvi Vs. State of Gujarat and others reported in ( 2022) 5 SCC 179; State of West Bengal Vs. Anindya Sundar Das & Ors reported in 2022 LiveLAw (SC) 831; Professor (Dr.) Sreejith P. S. Vs. Dr. Rajasree M. S. and Others reported in 2022 SCC Online SC 1473 to substantiate that the regulation of the UGC is binding on all universities and colleges.

¶345

12.Heard learned counsel for the parties and perused the record.

¶346

13.The contention raised by learned counsel for the petitioners that since the petitioners have already been working as Guest Lecturer in light of the decision in the case of Manju Gupta (Supra) they cannot be replaced with another set of Guest lecturers is liable to be rejected for the reason that petitioners are not having the minimum qualification prescribed in the Regulation of 2018. Apart from this, the aspiring candidates who are likely to be replaced by the petitioners may not be having the similar qualification, rather would be having higher qualification that of the petitioners, it cannot be said that the petitioners are being replaced with same set of Guest Lecturer. The argument with regard to having the minimum qualification for appointment on the post of Guest Lecturer was not agitated or decided in the case of Manju Gupta (Supra).

¶347

14.State has already made it clear that they have precisely mentioned the minimum qualification and in the event such candidates are not available, the petitioners would not be replaced by the candidates having similar qualification. The policy of the State has the stamp of approval by this Court in the case of Shrishti Lakra (Supra) in Para 17 quoted herein below:-

¶348

“17. In view of the above stated factual and legal position, it is quite vivid that a comprehensive policy has been framed by the

¶349

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¶350

State Government with regard to engagement of Guest Lecturer which cannot be said to be prejudicial to any manner to the petitioners.”

¶351

Identical issue came up for consideration before Hon’ble Orissa High Court in case

¶352

of Siba Prasanna Pathy (Supra) wherein it has been observed as under:-

¶353

12. One cannot lose sight of the concept of circumstantial flexibility, one additional or different fact may make a world of difference between conclusions in two cases. Disposal of cases by blindly placing reliance on a decision is improper.

¶354

13. The following words of Lord Denning in the matter of applying precedents have become quite authoritative over the years:

¶355

“ Each case depends on its own facts and a close similarity between one case and another is not enough because even a single significant detail may alter the entire aspect. In deciding such cases, one should avoid the temptation to decide cases (as said by Cardozo) by matching the colour of one case against the colour of another. To decide therefore, on which side of the line a case falls, the broad resemblance to another case is not at all decisive. Precedent should be followed only so far as it marks the path of justice, but you must cut the dead wood and trim off the side branches else you will find yourself lost in thickets and branches. My plea is to keep the path to justice clear of obstructions which could impede it”.

¶356

14. Hence, there cannot be any absolute rule or principle that one ad hoc or temporary appointee can never be replaced by another ad hoc or temporary appointee. For example, if a temporary appointee in service is incompetent, can he not be allowed to replace with a competent or more competent person. This Court sees no reason why the competent person cannot be appointed in place of the incompetent person, even if both appointments are ad hoc or temporary appointees.

¶357

16.UGC Act, 1956 was enacted with an object to make provision for the coordination and determination of standards in Universities. The UGC issues regulations for ensuring quality, standard and uniformity in the education imparted

¶358

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¶359

by the universities. These regulations cover different aspects, such as curriculum design, teacher qualifications, necessary infrastructure, and other parameters which are necessary and essential for maintaining academic standards amongst universities. As the regulations of UGC has a binding character, the appointments on the post of teacher in the Universities and Colleges must be in consonance with the regulations of UGC. The state has formulated the policy adhering to the Regulation 2018. Appointments on the post of guest lecturer is being made with an object to select qualified and meritorious candidates.

¶360

17.There can be no dispute to this preposition of law that the UGC guidelines are binding and the State is adhering to the same in light of the judgments referred to above. Thus in the opinion of this Court, the petitioners cannot be protected as they have not been replaced by the similar set of Guest Lecturer having the similar qualification.

¶361

As a fallout of the above discussion, this Court is thus inclined to dispose of these petitions in the following terms:-

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The State Government would be at liberty to appoint the Guest Lecturers strictly in accordance with the minimum qualification as prescribed in the Regulation of 2018 and also in the Policy of 2024. However it is also made clear that the petitioners shall not be replaced by similar set of Guest Lecturer having similar qualification as the petitioners are having.

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With these observations, these writ petitions stand disposed of.

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Sd/-

¶365

({Sachin Singh Rajput}) JUDGE

¶366

Parul

Gitendra Kumar Sahu v. State of Chhattisgarh

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Gitendra Kumar Sahu v. State of Chhattisgarh

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